A Louisiana Senate committee advanced two bills Tuesday that seek to criminalize disruptive protests in and near churches, but free speech advocates believe they are unconstitutional.
A judiciary committee approved Senate Bill 35 by Sen. Bill Wheat, R-Ponchatoula, and Senate Bill 306 by Sen. Rick Edmonds, R-Central, sending them to the full Senate. The bills are among several filed in the wake of a Jan. 18 protest at a Minneapolis church where an Immigration and Customs Enforcement officer is a pastor.
Edmonds, a church pastor who is running for the 5th Congressional District seat, and Wheat acknowledged they did not know of any similar incidents in Louisiana.
“In no way are we trying to infringe upon somebody’s First Amendment protections rights that they have to protest or free speech,” Wheat told the committee. “But at the same time, I don’t think that right of free speech and the right to protest should usurp or override the right of someone to be able to worship freely.”
Both bills would impose criminal penalties on protesters who disrupt worship services, though Edmonds’ is more specific, as it lists exact ways the law would be violated.
They include:
- using force, the threat of force, physical obstruction, intentional injury or attempt injury, to intimidate or interfere with religious worship
- intentionally damaging or destroying property of a house of worship
- denying lawful freedom of movement on church property or lawful use of church facilities
- refusing to leave private property of the house of worship when requested by clergy when being disruptive
- knowingly financing, funding, or materially supporting a person engaged in these activities
Edmonds’ bill is supported by the Louisiana Family Forum and the Louisiana Baptists Office of Public Policy.
“We think this is the one that’s most qualified to meet constitutional muster,” Gene Mills, president of the Louisiana Family Forum said of Edmonds’ bill. “The right of free speech ends at the threshold of private property when it’s infringed upon, especially in a house of worship.”
Sarah Whittington, advocacy director of the ACLU of Louisiana, said she was concerned that the bills were overbroad. She also noted that the behaviors the lawmakers are seeking to criminalize are already addressed in existing law. Trespassing, damaging property and blocking exits and roadways are already illegal, Whittington said.
In the Louisiana House of Representatives, two proposals extend the existing crime of disturbing the peace to disruptive protest at churches.
Rep. Gabe Firment, R-Pollock, has a bill that goes further by exempting clergy and church-goers from being sued for physically removing someone trespassing at a house of worship.
The house bills have yet been scheduled for a committee hearing.
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